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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 1954

Citation
Section 1954
Parent Document
CABINDA v. Santa Monica Rent Control Bd., 95 Cal. Rptr. 2d 676 (2000)
Jurisdiction
California (state)
Effective Date
2000-08-23

Other Sections in This Document (53)

Full Text

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[5] Appellant responds there is no danger in permitting local regulation of matters involving landlord-tenant relations, noting this has occurred with rent control and eviction defenses. But the constitutional authority for local regulation is limited. Under article 11, section 7, "A county or city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws." (Italics added.) When the Supreme Court recognized the right of a local government to enact rent control measures, it did so because general state law did not then preempt the field of maximum limits on residential rents. (Birkenfeld v. City of Berkeley (1976) 17 Cal.3d 129, 140, 130 Cal.Rptr. 465, 550 P.2d 1001.)